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(영문) 대전지방법원 천안지원 2016.07.08 2016고단662
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 7, 2016, the Defendant violated the Road Traffic Act (drinking) driven a B-to-purd vehicle with approximately KRW 900 meters alcohol concentration at the section of approximately 0.171% in alcohol level from the road front of the Northwest-gu Yan-dong, Seo-gu, Yan-si to the road front of the “Bran-dong” in front of the same Gu Yan-dong, Seoan-gu, Yan-gu.

2. On April 7, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said vehicle under the influence of alcohol concentration of 0.171% among blood transfusion on April 22:20, 2016, while driving the said vehicle, thereby driving the said vehicle along the six-lane road in the northwest-gu, west-gu, west-gu, Yanananancheon-gu, Samsung I would proceed along five-lanes from the shooting distance bank of the playground.

In such a case, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle well look at the right and right of the front and right of the motor vehicle, and accurately manipulating the steering direction and brake system, etc.

Nevertheless, the Defendant neglected this and driven a motor vehicle while driving the motor vehicle in a state where normal driving is difficult due to influence of drinking, and led the victim D(42C) driving the motor vehicle in front of the Defendant’s driving direction to drive the motor vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each photograph and map;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A written statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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